An 18-year-old man who threw a life-changing punch in an alcohol-fuelled range should be able to avoid a criminal record under a sentence imposed last week.
Ian Nikolaus Zwing pleaded guilty to one count of assault causing bodily harm in November and was sentenced in Morinville last Thursday to a conditional discharge.
The discharge comes with a year of probation. Provided he abides by its terms, Zwing will not carry a criminal record.
The victim came into the Morinville RCMP detachment on July 26, 2009 complaining he had been punched in the face at a party the night before.
A short investigation led police to Zwing, who was entirely co-operative with police and admitted to his actions.
Zwing had been at a party in Sturgeon County the night before and had been drinking heavily, Zwing’s lawyer Steven Fix told the court. By the time the fight happened he was very drunk. Zwing’s ex-girlfriend was at the party and entered with a new boyfriend. Fix said Zwing’s friends convinced him the new boyfriend was prepared to hurt him and suggested he strike first.
He got up and lunged across the room, striking the victim he believed was the new boyfriend, but was in fact just another party guest. Zwing only connected with one punch, but it landed with enough force to break the victim’s left orbital bone, which surrounds the eye socket.
The victim was in court Thursday with his family. He had his father read a victim impact statement because he still has trouble reading due to double vision and difficulty concentrating.
The statement also chronicled a long list of other health problems because of Zwing’s one punch. He has had major surgery to repair the break and has been unable to return to work. He also has anxiety issues, nightmares and headaches.
The victim, who was 20 years old at the time of the assault, told the court he felt depressed because he had been unable to leave home and was now completely dependent on his parents.
“They have been forced to put their lives on hold until I get back on my feet,” read his statement
Fix and Crown prosecutor Maria Caffaro submitted a joint submission for the conditional discharge to Judge Jeanne Burch.
Judges are not bound by such submissions, but are supposed to impose them if they find they are within the range of sentences handed down for similar crimes.
Fix argued his client was a young man with no criminal record who acted completely out of character because he was incredibly intoxicated. He said the young man had never before done anything violent before in his life.
“He didn’t even fight in hockey, let alone in public.”
Fix said Zwing deeply regretted what happened and had attempted to apologize after the incident. After lengthy arguments from both the Crown and defence, Burch agreed to the discharge and said while the impact of the assault was certainly profound, there was no reason to believe Zwing intended to cause that much damage.
“The assault itself was not exceptional. It was not a repetitive or vicious drilling.”
Burch was also presented with a restitution request from the victim, who was seeking nearly $25,000 a year for his medical care and other issues.
She declined to implement that request, saying that it could prove to be both too much and too little for the victim’s needs and the issue was better handled through a civil lawsuit after a full hearing on the issues.
While on his year of probation, Zwing will have to abstain from alcohol and drugs and perform 100 hours of community service.
For the first six months he will also have to live by an 11 p.m. to 6 a.m. curfew.
